The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
It is thus clear that the ealdorman really stood at the head of the
justice of the county, and for this purpose there can be no doubt that
he possessed full power of holding plea, and proceeding to execution
both in civil and criminal cases. The scírmen, scírgeréfan or sheriffs
were his officers, and acted by his authority, a point to which I shall
return hereafter. That the executive as well as the judicial authority
resided in the ealdorman and his officers seems to me unquestionable:
Ælfred directs that no private feud shall be permitted, except in
certain grave cases, but that if a man beleaguers his foe in his own
house, he shall summon him to surrender his weapons and stand to trial.
If the complainant be not powerful enough to enforce this, he is to
apply to the ealdorman (a mode of expression which implies the presence
of one in every shire), and on his refusal to assist, resort may be had
to the king[329]. For this there was also good reason: the ealdorman in
the shire, like the Frankish graf, was the military leader of the
_hereban_, posse comitatus or levy _en masse_ of the freemen, and as
such could command their services to repel invasion or to exercise the
functions of the higher police: as a noble of the first rank he had
armed retainers, thanes or comites of his own; but his most important
functions were as leader of the armed force of the shire. Throughout the
Saxon times we read of ealdormen at the head of particular counties,
doing service in the field: thus in 800 we hear of a battle between the
Mercian ealdorman Æðelmund with the Hwiccas, and the Westsaxon Weoxstán
with the men of Wiltshire[330]: in 837, Æðelhelm led the men of Dorset
against the Danes[331]: in 845 Eánwulf with the men of Somerset, and
Osríc with the men of Dorset, obtained a bloody victory over the same
adversaries[332]: in 853 a similar fortune attended Ealhhere with the
men of Kent, and IIuda with them of Surrey, the latter of whom had
marched from their own county into Thanet, in pursuit of the enemy[333].
In 860, Osríc with his men of Hampshire, and ealdorman Æðelwulf with the
power of Berkshire, gave the Danes an overthrow in the neighbourhood of
Winchester[334]; in 905 the men of Kent with Sigewulf and Sigehelm their
ealdormen were defeated on the banks of the Ouse[335]: lastly in 1016,
we find Eádríc the ealdorman deserting Eádmund Irensída in battle with
the Magesætan or people of Herefordshire[336],—a treason which
ultimately led to the division of England between Eádmund and Cnut, and
later to the monarchy of the latter. Everywhere the ealdorman is
identified with the military force of his shire or county, as we have
already seen that he was with the administration of justice.
-----
Footnote 329:
Leg. Ælfr. § 42. Thorpe, i. 90.
Footnote 330:
Chron. Sax. an. 800.
Footnote 331:
Ibid. an. 837.
Footnote 332:
Ibid. an. 845.
Footnote 333:
Ibid. an. 853.
Footnote 334:
Ibid. an. 860.
Footnote 335:
Ibid. an. 905.
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